Repealed

Definitions

"FWID number", in relation to a person, means a unique number assigned to the person by the director as that person's fish and wildlife identification number.

[en. B.C. Reg. 127/2017, App. 8, s. 1.]

Division 1 — Release of Animals

Falconry exemption

1.01Where a person is legally in possession of a raptor and the person uses the bird for the purposes of falconry, the person is for those purposes exempted from section 77 (2) of the Act.

[am. B.C. Reg. 74/2017, App. 6, s. 1.]

Native non-wildlife exemption

1.02Where a person keeps an animal that

(a) is not designated as wildlife, and

(b) is native to the Province or occurs naturally in the wild in the Province

and releases the animal in an area of the Province where it naturally occurs, the person is for that purpose exempted from section 77 (2) of the Act.

[am. B.C. Reg. 74/2017, App. 6, s. 1.]

Repealed

1.03Repealed. [B.C. Reg. 220/2000, s. 1.]

Captive game bird exemption — private land

1.04A person who releases on private land a pheasant, quail, partridge or wild turkey which is hatched and raised in captivity is for that purpose exempt from section 77 of the Act.

[en. B.C. Reg. 151/83, s. (a).]

Division 2

Repealed

2.01-2.02Repealed. [B.C. Reg. 168/90, s. 2.]

Division 3 — Information for Search Warrant

Form of information

3.01An information for the purposes of section 92 of the Act may be in the form provided as Form 1 in the Schedule to the Offence Act.

[am. B.C. Reg. 138/2013, s. (b).]

Division 4 — Transporting Wildlife or Fish

Transport by hunter

4.01For the purposes of section 37 of the Act, a person may ship or transport wildlife or fish or parts of them where the person

(a) has killed or taken them,

(b) personally accompanies them, and

(c) has in his or her immediate possession

(i) all the licences he or she was required to hold in order to kill or take the wildlife or fish lawfully, or

(ii) a permit.

[am. B.C. Reg. 74/2017, App. 6, s. 2.]

Transport for another person

4.02For the purposes of section 37 of the Act, a person may offer to ship or transport, or engage another person to ship or transport, wildlife or fish or parts of them where they are lawfully in his or her possession or in the possession of the person on whose behalf he or she offers to ship or transport or engages another person to ship or transport them.

[am. B.C. Reg. 74/2017, App. 6, s. 3.]

Transport with record of receipt

4.03For the purposes of section 37 of the Act, a person may ship or transport wildlife or fish killed or taken by another person or parts of them where he or she has in his or her immediate possession a record of receipt of the wildlife or fish or parts of them showing

(a) the date and place of receipt,

(b) the name and address of the person who killed or took the wildlife or fish or from whom the wildlife or fish or parts of them were acquired,

(c) the number of the licence or permit of the person who killed or took the wildlife or fish,

(d) the name and address of the person to whom the wildlife or fish or parts are to be delivered, and

(e) the species and sex of the animal if it is a big game animal.

[am. B.C. Regs. 239/84, s. 1; 74/2017, App. 6, s. 4.]

Transport by trapper, trader, taxidermist or tanner

4.04For the purposes of section 37 of the Act,

(a) a person who holds a trapping licence or fur traders licence,

(b) a taxidermist, or

(c) a tanner

may ship or transport wildlife or fish or parts of them lawfully in his or her possession where

(d) he or she personally accompanies them, or

(e) he or she identifies each package with his or her name and address and completes a written declaration that accompanies the shipment stating

(i) the contents of the shipment,

(ii) the number of packages in the shipment,

(iii) the name and address of the consignee, and

(iv) the royalty fur export permit number or game export permit number as appropriate.

[am. B.C. Reg. 74/2017, App. 6, s. 5.]

Other transport

4.05For the purposes of section 37 of the Act, a person, other than

(a) a fur trader,

(b) a taxidermist, or

(c) a tanner

engaged in his or her calling, may ship or transport, or offer to ship or transport, dead wildlife or fish or parts of them

(d) that have been tanned or processed into manufactured items, or

(e) obtained from a licenced commercial outlet.

[am. B.C. Reg. 74/2017, App. 6, s. 6.]

Repealed

4.06Repealed. [B.C. Reg. 91/96, s. 1.]

Transport by supervising hunter

4.07(1) For the purposes of section 37 of the Act, a supervising hunter may ship or transport wildlife if

(a) the wildlife was killed or taken by the person he or she accompanied for the purposes of the Act,

(b) he or she personally accompanies the wildlife, and

(c) he or she has in his or her immediate possession

(i) all the licences he or she was required to hold in order for the wildlife to be killed or taken lawfully, or

(ii) a permit.

(2) In this section "supervising hunter" has the same meaning as in the Hunting Licensing Regulation.

[en. B.C. Reg. 38/2013, App. 6, s. 1.]

Division 5

Repealed

5.01Repealed. [B.C. Reg. 168/90, s. 2.]

Division 6 — Commercial Vendors

Commercial vendor commission

6.01A commercial vendor of licences issued under the Act may retain a commission of $1.50 per licence issued by him or her.

[en. B.C. Reg. 85/2003.]

Division 7 — Licence Cancellation and Ineligibility

Definition

7.01In this Division, "conviction" includes the granting of an absolute or conditional discharge.

[en. B.C. Reg. 426/98.]

Prescribed offences

7.02(1) It is a second or subsequent offence for the purpose of section 24 (8) (e) of the Act to commit an offence under the regulations made under the Act, or under the Act and not listed in section 24 (8) (a) to (d) of the Act, within 2 years from conviction for an offence under the Firearm Act, the Act or the regulations made under the Act.

(2) Repealed. [B.C. Reg. 340/2005, s. 13.]

(3) It is a second or subsequent offence for the purpose of section 24 (10) (c) of the Act to commit an offence under the regulations made under the Act, or under the Act and not listed in section 24 (10) (a) to (b) of the Act, within 2 years from conviction for an offence under the Firearm Act, the Act or the regulations made under the Act.

[en. B.C. Reg. 426/98; am. B.C. Reg. 340/2005, s. 13.]

Calculation of a period of ineligibility

7.03(1) For the purposes of section 7.04, a period of ineligibility is calculated from

(2) Despite subsection (1), if a person is convicted of offences that result in more than one period of ineligibility under this Division, those periods run consecutively.

(3) Despite subsection (1), if a person is ineligible to hold a licence on the date referred to in subsection (1) (a) or (b), the period of ineligibility described in section 7.04 runs consecutively with the person's current period of ineligibility.

[en. B.C. Reg. 426/98.]

Periods of ineligibility for a licence

7.04(1) A person convicted of an offence listed in Column 1 of the Table in this section is ineligible to obtain a hunting licence for the period for that offence indicated in Column 3 of the Table.

(2) A person convicted of an offence listed in Column 2 of the Table in this section is ineligible to obtain an angling licence for the period for that offence indicated in Column 3 of the Table.

(3) Repealed. [B.C. Reg. 340/2005, s. 14 (a).]

(4) Despite subsection (1), a person is ineligible to obtain a hunting licence for one year, if

(a) the person is convicted of an offence under the Firearm Act, under the Act, or under regulations made under the Act, not relating to angling or an angling licence, and

(b) the person has within the 2 years prior to the conviction been convicted of an offence under the Firearm Act, under the Act, or under regulations made under the Act.

(5) Despite subsection (2), a person is ineligible to obtain an angling licence for one year, if

(a) the person is convicted of an offence under the Act, or under regulations made under the Act, relating to angling or an angling licence, and

(b) the person has within the 2 years prior to the conviction been convicted of an offence under the Firearm Act, under the Act, or under regulations made under the Act.

(6) Despite subsections (1) to (5), if a person is convicted of

(a) an offence listed in Column 1 of the Table in this section and the person has within 2 years prior to the conviction been convicted of an offence under the Firearm Act, under the Act, or under regulations made under the Act, not relating to angling or an angling licence, the person is ineligible to obtain a hunting licence for 3 years,

(b) an offence listed in Column 2 of the Table in this section and the person has within 2 years prior to the conviction been convicted of an offence under the Act, or under regulations made under the Act, relating to angling or an angling licence, the person is ineligible to obtain an angling licence for 3 years, and

(c) Repealed. [B.C. Reg. 340/2005, s. 14 (a).]

(7) Despite subsections (1) to (6), if a person is convicted of an offence under section 26 (1) (a), (e) or (g) of the Act and the person has within 2 years prior to the conviction been convicted under the Firearm Act, under the Act, or under regulations made under the Act, not relating to angling or an angling licence, the person is ineligible to obtain a hunting licence for 5 years.

(8) In this section, "licence year" has the same meaning as in the Hunting Licensing Regulation, B.C. Reg. 8/99, or the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, as applicable.

Prescribed limits under section 24 (5) and (12) of Act

7.05The prescribed limit for purposes of section 24 (5) and (12) of the Act is 30 years.

[en. B.C. Reg. 426/98; am. B.C. Reg. 368/99, s. 1.]

Repealed

7.06Repealed. [B.C. Reg. 74/2017, App. 6, s. 7.]

Division 8

Repealed

8.01Repealed. [B.C. Reg. 157/92, s. 1 (a).]

Repealed

8.02Repealed. [B.C. Reg. 17/89, App. 1, s. 1.]

Division 9 — Licence Year

Definition

9.01For section 9.02, "licence year" means the period ending on the expiry date indicated on the licence and commencing on April 1 of the previous calendar year.

Licence year

9.02Except as otherwise provided in the Act and regulations, a licence is valid from and including the later of

(a) April 1 of the licence year for which it is issued, or

(b) the date of issue

to March 31 of the licence year.

Spent

9.03Spent.

Division 10 — Captive Wildlife Import and Transport Exemptions

Licence under Fur Farm Regulation exemption

10.01(1) A person who possesses or transports fur bearing animals under a licence issued under the Fur Farm Regulation, B.C. Reg. 8/2015, is exempt from sections 33 (1) and 37 of the Act.

(2) A person who holds a licence for a particular species of fur bearing animal under the Fur Farm Regulation and who imports or exports live fur bearing animals of that species from or to another province, is exempt from section 21 (1) of the Act.

[en. B.C. Reg. 220/2000, s. 3; am. B.C. Reg. 8/2015, s. (f).]

Circus exemption

10.02(1) A person who imports wildlife from, and exports that same wildlife to, another province, as part of a circus whose main place of business is outside British Columbia, is exempt from section 21 (1) of the Act.

(2) A person who imports wildlife in the circumstances described in subsection (1) is exempt from sections 33 (1) and 37 of the Act.

[en. B.C. Reg. 220/2000, s. 4.]

Repealed

10.03Repealed. [B.C. Reg. 220/2000, s. 5.]

Division 11 — Residency Exemptions

Residency exemptions

11.01A person who

(a) is a member of the armed services of Her Majesty raised by Canada and enrolled in continuing full time military service who has made his or her permanent residence in British Columbia for 30 consecutive days immediately before making an application under the Act or doing another thing relevant to the operation of the Act,

(b) is a Canadian citizen or permanent resident of Canada, who leaves British Columbia to attend a recognized educational institution, and who returns to British Columbia on completion of studies at the institution concerned, or

(c) is under 18 years of age, has resided with a parent or guardian in another province and returns to British Columbia to reside with another parent or guardian who is a resident,

is, for the purpose of qualifying as a resident, exempt from the requirements set out in paragraph (a) of the definition of "resident" in section 1 of the Act.

Definition

(a) in relation to big game, the edible meat of the four quarters, loins, neck and ribs, and

(b) in relation to a game bird, the edible meat of both breasts.

[en. B.C. Reg. 52/2018, Sch. 5, s. 1.]

Exemption — small game

12.02A person who hunts and kills small game, other than a game bird or a fur bearing animal, is exempt from section 35 (2) (b) of the Act in relation to the game killed.

[en. B.C. Reg. 52/2018, Sch. 5, s. 1.]

Exemption — game taken for hide

12.03A person who hunts and kills game that is a fur bearing animal other than a black bear and removes the hide to any of the following is exempt from section 35 (2) (b) of the Act in relation to the game killed:

(a) a dwelling place of the person;

(b) a taxidermist, tanner, fur trader or the owner or operator of a cold storage plant.

[en. B.C. Reg. 52/2018, Sch. 5, s. 1.]

Exemption — game taken for food

12.04A person who hunts and kills a game bird or big game and makes every reasonable effort to remove the main portions to any of the following is exempt from section 35 (2) (b) of the Act in relation to the game killed:

(a) the person's normal dwelling place;

(b) a meatcutter or the owner or operator of a cold storage plant.

[en. B.C. Reg. 52/2018, Sch. 5, s. 1.]

Exemption — transfers of game

12.05A person who hunts and kills game and transfers the game killed to another person is exempt from section 35 (2) (b) of the Act in relation to the game killed if

(a) the game is a fur bearing animal other than a black bear and the other person removes the hide to a dwelling place of the other person or to a person described in section 12.03 (b) of this regulation, or

(b) the other person makes every reasonable effort to remove the edible portions or, in the case of a game bird or big game, the main portions to the other person's normal dwelling place or to a person described in section 12.04 (b) of this regulation.

[en. B.C. Reg. 52/2018, Sch. 5, s. 1.]

Division 13

Repealed

13.01-13.02Repealed. [B.C. Reg. 168/90, s. 2.]

Division 14

Repealed

14.01-14.03Repealed. [B.C. Reg. 168/90, s. 2.]

Division 15 — Minimum Hunting Age

Minimum hunting age

15.01(1) A person under the age of 10 years may not hunt wildlife.

(2) A person who causes or allows a person under the age of 10 years to hunt wildlife commits an offence.

[en. B.C. Reg. 198/99, s. 3.]

Division 16 — Licence Conditions

Conditions must be complied with

16.01A person commits an offence where the person fails to comply with a condition of or an instruction in

Exception — exceeding quota assigned to guide outfitter licence

16.011Despite section 16.01 (i), and without limiting section 60 (2) of the Act, a guide outfitter does not commit an offence if the guide outfitter has a quota assigned as a condition of his or her guide outfitter licence and allows his or her clients to kill game to the extent that the number killed exceeds the quota assigned to the guide outfitter.

[en. B.C. Reg. 138/2013, s. (d).]

Adult chinook defined

16.02For the purpose of the recording instructions set out on the back of an angling licence, an adult chinook is defined as

(a) measuring over 62 cm from the tip of the nose to the fork of the tail in the non-tidal waters of the

(i) Fraser River from the CPR bridge at Mission upstream to the powerline crossing situated about 1 km upstream from the Agassiz-Rosedale bridge, from September 5 to December 31,

(ii) Harrison River downstream from white fishing boundary signs situated near the mouth of Harrison River, from September 5 to December 31,

(iii) Chilliwack/Vedder River downstream from Slesse Creek, from July 1 to December 31, and

(iv) Sumas River downstream from the Barrowtown pumping station, from July 1 to December 31,

(b) measuring over 65 cm from the tip of the nose to the fork of the tail in the non-tidal waters of the

(i) Bella Coola and Atnarko Rivers and tributaries, all year

(ii) Iknouk River and tributaries, all year

(iii) Kemano River and tributaries, all year

(iv) Khutzeymateen River and tributaries, all year

(v) Kildala River and tributaries, all year

(vi) Kincolith River and tributaries, all year

(vii) Kitimat River and tributaries, all year

(viii) Kitlope River and tributaries, all year

(ix) Kwinimass River and tributaries, all year,

(x) Nass River and tributaries, all year, and

(xi) Skeena River and tributaries, all year, and

(c) measuring over 50 cm from the tip of the nose to the fork of the tail in all other non-tidal waters.

[en. B.C. Reg. 88/94, App. I.]

Chinook caught in Kispiox river

16.03For the purpose of the recording instructions on the back of an angling licence, an adult chinook caught and retained from the waters within three white fishing boundary signs located at the confluence of the Skeena and Kispiox Rivers shall be recorded as caught from the Kispiox River.

[en. B.C. Reg. 88/94, App. I.]

Division 17 — Exemptions (General)

Sale of birds held under permit

17.01A person who holds a permit under section 2 (j) of the Permit Regulation, B.C. Reg. 253/2000, to possess live upland game birds in captivity is exempt from

Captive bird or animal exemptions

17.02A person who possesses a quail, pheasant, partridge, wild turkey or European rabbit that was hatched or born, and raised, in captivity is exempt from

(a) section 22 of the Act,

(b) section 33 of the Act,

(c) section 37 of the Act, and

(d) section 21 of the Act but only if the import or export is from or to another province in Canada.

[en. B.C. Reg. 253/2000, App. 3, s. 2.]

Sale of wildlife meat under permit

17.03(1) A person who holds a permit under section 2 (f) (i) of the Permit Regulation, B.C. Reg. 253/2000, is exempt from section 21 of the Act for the purpose of exporting meat sold under the authority of the permit.

(2) A person buying wildlife meat from or selling wildlife meat to a person who holds a permit under section 2 (f) of the Permit Regulation, B.C. Reg. 253/2000, is exempt from

(c) the following sections of B.C. Reg. 190/84, the Hunting Regulation:

(i) section 13.7;

(ii) section 17 (1) (m).

(2) The following offences are prescribed for the purposes of section 84 (1) (b) (ii) of the Act:

(a) an offence under section 16.01 (i) of this regulation of failing to comply with the term or condition in section 1.041 of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82;

(b) an offence under section 16.01 (m) of this regulation of failing to comply with a term or condition under section 5.04 (1) (a) or imposed under section 5.04 (2) of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82.

Repealed

19.01Repealed. [B.C. Reg. 137/2002.]

Division 20 — Reports, Royalties and Fines

Failure to submit reports

20.01(1) In this section, "angling guide report" means a report referred to in section 13 (1) (b) of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, that includes the information referred to in that section and, if applicable, section 13 (3) (c) of that regulation.

(2) This section applies to a person who fails to make an angling guide report that the person is required to make by the conditions of an angling guide licence, until the report is made.

(3) Subject to section 20.03, a person described in subsection (2) of this section is not eligible to apply for or obtain a licence, permit or limited entry hunting authorization under the Act.

[en. B.C. Reg. 127/2017, App. 8, s. 2.]

Failure to pay royalties

20.02(1) Subject to section 20.03, if a person fails to pay a royalty as required under a provision listed in subsection (2) of this section, the person is not eligible to apply for or obtain a licence, permit or limited entry hunting authorization under the Act until the royalty is paid.

(2) Subsection (1) applies to royalties required under the following provisions:

(a) section 69 of the Act;

(b) section 16 (8) of the Permit Regulation.

[en. B.C. Reg. 159/2018, Sch. 3, s. 1.]

Exemptions in relation to hunting licences for persons under 18 years of age

20.03(1) A person who applies for a hunting licence in accordance with section 17.1 of the Act on behalf of a person who is under 18 years of age is exempt, in respect of that hunting licence, from

(a) section 20.01 (3) of this regulation,

(b) section 20.02 (1) of this regulation, and

(c) section 85 (2) (a) and (c) (i) of the Act.

(2) A person to whom a hunting licence is issued in accordance with section 17.1 of the Act on behalf of a person who is under 18 years of age is exempt, in respect of that hunting licence, from section 85 (2) (b) of the Act.

Proof of authorization

20.05(1) For the purposes of section 97 (3) (b) (ii) of the Act, a person who holds any of the following authorizations may demonstrate that the person holds the authorization by stating the person's FWID number:

(a) a hunting licence;

(b) a special area licence required by Part 2 or 3 of the Hunting Licensing Regulation, B.C. Reg. 8/99;

(c) a limited entry hunting authorization;

(d) a guide outfitter licence;

(e) an upland game bird licence;

(f) a permit issued under section 70 (1) (a) of the Act.

(2) For the purposes of section 97 (3) (b) of the Act, a person who is required to produce a species licence must produce an original species licence.